SUKWARO BAI Vs. SUKHMEN W/O KASHIRAM,

JUDGEMENT

(1.) This second appeal preferred by the plaintiff (now, her Lrs.) was admitted for hearing on the following substantial questions of law:-? "1. Whether the first appellate Court has committed an error of law in reaching to the conclusion that the plaintiff has not been able to establish the fact that Pusau was the title-?holder of the suit property

(2.) Whether the finding of the first appellate Court while reversing the judgment of the trial Court is perverse or not particularly when the first appellate Court also holds that the Settlement Deed in favour of Sukhmen has not been established "

(3.) Plaintiff filed a civil suit for declaration of title and partition stating inter alia that the suit property was her father's property, therefore, she is entitled for 1/3rd share in the suit property and also injunction. In the said suit, only defendant No. 2 appeared before the trial Court and set up a plea that her father Pusau Ram had executed a Vyavastha Patra (Exhibit P/2) on 23/05/1985 through which he had relinquished the entire suit property in her favour.